Difference between revisions of "Insurance Benefits for Accident Victims"
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If you are a BC resident who is hurt in an accident in Canada as a pedestrian or cyclist, you can get accident benefits if you have basic ICBC insurance or a BC driver’s license, or if you live with someone who has basic ICBC insurance or a BC driver’s license. | If you are a BC resident who is hurt in an accident in Canada as a pedestrian or cyclist, you can get accident benefits if you have basic ICBC insurance or a BC driver’s license, or if you live with someone who has basic ICBC insurance or a BC driver’s license. | ||
You | You must meet the conditions of the insurance to get accident benefits. For example, if you were injured while driving without a valid driver’s license, or crashing your car in a suicide attempt, or racing or in a speed test, ICBC will not pay you any accident benefits. | ||
The amounts of benefits described below are changing in 2019, as this [http://www.icbc.com/about-icbc/changing-auto-insurance-BC/Documents/Changes-to-auto-insurance-in-BC-factsheet.pdf ICBC factsheet] explains. | |||
====What no-fault accident benefits can you receive?==== | ====What no-fault accident benefits can you receive?==== | ||
Accident benefits include the following amounts: | Accident benefits include the following amounts: | ||
*funeral expenses up to $2,500 and | *funeral expenses up to $2,500 (up to $7,500 starting in April 2019) and death benefits ranging from $17,580 to $20,080 (up to $30,000 starting in April 2019). | ||
*rehabilitation and reasonable medical expenses (including chiropractic expenses and nursing attendant care) up to $300,000. | *rehabilitation and reasonable medical expenses (including chiropractic expenses and nursing attendant care) up to $300,000. | ||
*income replacement payments. | *income replacement payments. | ||
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====How much are the income replacement and homemaker benefits?==== | ====How much are the income replacement and homemaker benefits?==== | ||
'''Income replacement benefits'''—you can receive weekly disability payments if you were employed (working) before the accident, but have been totally disabled and unable to work since. You get 75% of your gross weekly earnings (minus any weekly total wage loss payments from other sources) or $300 a week, whichever is less. ICBC considers you employed if you worked any 6 of the 12 months before the accident. | '''Income replacement benefits'''—you can receive weekly disability payments if you were employed (working) before the accident, but have been totally disabled and unable to work since. You get 75% of your gross weekly earnings (minus any weekly total wage loss payments from other sources) or $300 a week currently and $740 a week starting in April 2019, whichever is less. ICBC considers you employed if you worked any 6 of the 12 months before the accident. | ||
'''Homemaker benefits'''—if you stayed home and looked after your family and home, you can get up to $145 a week in homemaker benefits. But your injury must substantially or continuously stop you from regularly performing most household tasks. | '''Homemaker benefits'''—if you stayed home and looked after your family and home, you can get up to $145 a week in homemaker benefits (up to $280 a week starting in April 2019). But your injury must substantially or continuously stop you from regularly performing most household tasks. | ||
Income replacement and homemaker benefits aren’t paid for the first week. They start on the 8th day after the accident. They continue for as long as your disability lasts or until you turn 65, whichever is first. But ICBC can review your eligibility for these benefits each year. | Income replacement and homemaker benefits aren’t paid for the first week. They start on the 8th day after the accident. They continue for as long as your disability lasts or until you turn 65, whichever is first. But ICBC can review your eligibility for these benefits each year. | ||
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===2. Damages for losses if another person was at fault=== | ===2. Damages for losses if another person was at fault=== | ||
[http://www.icbc.com/claims/determine-fault/Pages/If-you-are-not-at-fault.aspx If you were not at fault]—if another person was legally at fault for (or caused) the accident—even partly—then you can be paid for at least some of your losses from the accident. For example, you could be paid for the clothes you were wearing that were ruined in the accident. You could also be fully paid for the loss of your future earnings if you can’t work because of the accident. Also, you may be paid for the pain and suffering the accident caused you. | [http://www.icbc.com/claims/determine-fault/Pages/If-you-are-not-at-fault.aspx If you were not at fault]—if another person was legally at fault for (or caused) the accident—even partly—then you can be paid for at least some of your losses from the accident. For example, you could be paid for the clothes you were wearing that were ruined in the accident. You could also be fully paid for the loss of your future earnings if you can’t work because of the accident. Also, you may be paid for the pain and suffering the accident caused you, but the [http://www.icbc.com/about-icbc/changing-auto-insurance-BC/Documents/Changes-to-auto-insurance-in-BC-factsheet.pdf limit for pain and suffering from minor accidents will be $5,500 starting in April 2019]. | ||
====You cannot collect twice for the same accident==== | ====You cannot collect twice for the same accident==== | ||
Because you cannot collect twice for the same loss, ICBC will subtract the accident benefits you receive from any damages (or compensation) that you receive for someone’s negligence. On the other hand, employment insurance and private disability benefits are not normally subtracted from damages, except in hit-and-run cases and some other situations. | Because you cannot collect twice for the same loss, ICBC will subtract the accident benefits you receive from any damages (or compensation) that you receive for someone’s negligence. On the other hand, employment insurance and private disability benefits are not normally subtracted from damages, except in hit-and-run cases and some other situations. | ||
==Appeals== | |||
You can [http://www.icbc.com/claims/feedback/Pages/default.aspx appeal] ICBC’s decisions to [http://www.icbc.com/claims/feedback/Pages/Appeal-a-denied-claim.aspx deny your claim] and its decisions on [http://www.icbc.com/claims/feedback/Pages/Your-settlement-offer.aspx how much to offer you], [http://www.icbc.com/claims/feedback/AppealFault/Pages/default.aspx who is at fault], and [http://www.icbc.com/claims/feedback/Pages/Appeal-how-you-were-treated.aspx how to handle your claim]. | |||
==Summary== | ==Summary== | ||
Basic Autoplan insurance will pay for motor vehicle claims against you up to $200,000. But it’s | Basic Autoplan insurance will pay for motor vehicle claims against you up to $200,000. But it’s good to buy more insurance—for both third-party legal liability and under-insured motorist protection. If you’re hurt in an accident, you may be entitled to certain ICBC accident benefits. If your injuries were caused by another person’s negligence, you may also be paid for all your expenses directly related to the accident, plus damages for your other losses. But ICBC will subtract the accident benefits from the total damages you receive. | ||
==More information== | ==More information== | ||
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[updated | [updated May 2018] | ||